Case summaries

Even where there are no substantial grounds for believing that there are systemic flaws in the Member State responsible, a Dublin transfer can only be carried out in conditions which exclude the possibility that that transfer might result in a real and proven risk of the person concerned suffering inhuman or degrading treatment within the meaning of Article 4 CFR EU.

If there is a real and proven risk that the state of health of an applicant who suffers from a serious mental or physical illness would significantly and permanently deteriorate, that transfer would constitute a violation of Article 4 CFR EU.

It is for the courts and authorities of the requesting Member State to eliminate any serious doubts concerning the impact of the transfer on the health of the person concerned by taking all necessary precaution. If the taking of precautions is not sufficient, it is for the authorities of the Member State concerned to suspend the execution of the transfer for as long as the applicant’s conditions render him unfit for transfer.

Member States may choose to conduct its own examination of that person’s application by making use of the “discretionary clause” laid down in Article 17(1) DRIII, but is not required to do so.

This case concerned the back dating of child benefit for families who were previously in the asylum procedure. 

An application, by way of judicial review, for an order of certiorari to quash the decision of the second named defendant (that being the International Protection Appeals Tribunal) on the basis of the application of the incorrect standard of proof being applied, credibility assessment and disregard of notice of appeal and country of origin information. 

After having committed several offences qualified as being of a ‘particular gravity’, Mr.O’s refugee status was revoked on April 21st 2006.

Upon appeal to the Council of Alien Law Litigation (‘CALL’), the question of the validity of article 55/3/1 of December 15th 1980 law (the ‘1980 Law’) arose. Although it is established that this provision is transposing article 14(4) of the Directive 2011/95/EU, its compatibility with the Geneva Convention must be verified.

The Council refuses then to pronounce itself on the question, arguing the competency of such matter is vested in the Court of Justice of the European Union.

The right to be heard does not require, as a rule, that, where national legislation provides for two separate procedures for examining applications for refugee status and applications for subsidiary protection, the applicant for subsidiary protection is to have the right to an interview relating to his application and the right to call or cross-examine witnesses when that interview takes place. However, an interview must be arranged where specific circumstances render it necessary in order to examine an application with full knowledge of the facts.

Where the ECtHR has, under Article 39 of the ECHR, granted interim measures prohibiting the Government from deporting the Applicant, this does not impact the ability of national courts to rule on the Applicant’s claim to asylum. The interim measures are binding on national authorities only.

The CJEU in this case expanded on its previous ruling of B & D. Whereas previously the scope of the exclusion clause for those engaging in terrorist acts was limited to engaging in, conspiring to or planning an actual act of terrorism with an international dimension, the CJEU has now widened the scope to include those who provide logistical support even where no act of terrorism takes place. 

In its decision, the tribunal defined the concept of ‘written’ according to the Dublin III Regulation. It also found that the a couple who were engaged did not constitute a family (according to the Regulation) unless they got engaged in their country of origin. Finally, the tribunal found that the sovereignty clause only afforded power to the State which was exercising it under the supervision of the administrative judge. 

1. An application for asylum lodged in Germany only qualifies as a subsequent application within the meaning of section 71a of the Asylum Act, interpreted in conformity with the constitution, if the first asylum procedure in a country that is generally determined to be a safe third country has actually been conducted in compliance with the 1951 Refugee Convention as well as the European Convention on Human Rights (ECHR).
This is not the case, where, at the time of the decision, there have been systemic deficiencies in the asylum procedures of the third country which have put the applicant at risk of an inhuman or degrading treatment within the meaning of Art. 4 of the EU Charter of Fundamental Rights and Art. 3 of the ECHR.

2. The procedure to determine whether a second asylum procedure is to be conducted also requires a personal interview of the applicant. Such an interview is only dispensable where the Federal Office of Migration and Refugees (Federal Office) can either decide on the basis of the information received on the merits of the decision whether the new application constitutes a new submission or assess already on the basis of the detailed written explanations of the applicant reliably and safely that the submission is clearly and manifestly inconsistent.

Analysing the legality of the refusal to grant child benefit payments to parents who are not habitually resident within the State for the benefit of their children.